The Council shall consist of the Mayor and eight members who
shall be elected from the Town at large at each regular Town election
for terms of two years as provided herein.
The Council shall be the governing and legislative body of the
Town and shall have, exercise, and perform all the rights, powers,
duties and obligations which, on the effective date of this Charter,
were conferred by law or may hereafter be conferred by the General
Statutes upon the Town Meeting and upon Town commissions, boards,
departments, and offices existing immediately prior to such date,
except as the same may be assigned by this Charter, and except as
may be inconsistent with the laws of the state. The Council shall
have the final authority concerning the budget and the tax rate except
as otherwise provided in this Charter. It shall further have power
to make, alter and repeal ordinances or resolutions not inconsistent
with this Charter and the general laws of the state for the execution
of the powers vested in the Town, for the government of the Town and
the management of its business, and for the preservation of the good
order, peace, health and safety of the Town and its inhabitants.
Each newly elected Council shall meet for organization in the
Town Hall at 8:00 p.m. on the Monday, or Tuesday in the event of a
holiday, following its election. The meeting shall be called to order
by the Town Clerk, who shall administer the oath of office to all
members. In the absence of the Town Clerk, the meeting may be called
to order and the oath administered by any citizen of Rocky Hill authorized
by law to administer oaths. The newly elected Mayor shall then assume
the chair as permanent presiding officer of the Council and shall
designate a Deputy Mayor from among the members of the Council to
preside in the Mayor's absence. In the event that both the Mayor
and the Deputy Mayor are absent or unable to perform their duties,
such duties shall be performed during the period of their absence
or disability by a member chosen by the Council. The presiding officer,
whether the Mayor or any Deputy Mayor, shall have one vote, but only
one vote, on each matter voted by the Council.
The Council shall fix the time and place of its regular meetings
and provide a method for calling special meetings. Only business,
notice of which has been included in the call for such special meeting,
shall be acted upon at any special meeting. The Council shall determine
its own rules of procedure except as specifically provided in this
Charter. The presence of six members shall constitute a quorum, and
no ordinance, resolution or vote, except a vote to adjourn or to fix
the time and place of the next meeting, shall be adopted by less than
five affirmative votes. The Council shall keep for public inspection
a journal, which shall be the official record of its meetings, a copy
of which shall be filed in the office of the Town Clerk within two
weeks from the date of such meetings. The journal shall also contain
the rules of procedure of the Council. No ordinances or resolutions
shall be adopted except at a meeting of the Council open to the public.
All ordinances shall be introduced in written form by a member
of the Council. It shall be the duty of the Council Clerk immediately
upon introduction to file a copy of such proposed ordinance with the
Town Clerk. It shall be the duty of the Town Clerk immediately upon
receipt of such proposed ordinance to prepare sufficient copies of
such ordinance, one copy of which shall be retained in their office
for public inspection, one copy posted on the Town bulletin board,
and one copy distributed to each member of the Council and to the
Town Manager.
Before an ordinance, except an emergency ordinance, shall be passed, the Council shall hold at least one public hearing, five days' notice of which shall be given by publishing, at least once in a newspaper having circulation in the Town, the notice and a brief description of the ordinance, identifying the proposed ordinance's title, chapter and article to be amended and referring individuals to the Town Clerk's office and the Town's website for the full ordinance, and by posting the notice and the proposed ordinance on the Town bulletin board. After such hearing, the Council may make such changes as it considers advisable before passing said ordinance. Notice of the passage of any ordinance, described by title or subject matter, together with such changes in the proposed ordinance, shall be published at least once in a newspaper having a circulation in the Town, and an ordinance, except an emergency ordinance, shall become effective 30 days after such notice is published, provided that if a petition for a referendum is filed with the Town Clerk within the time specified in § C4-10, the ordinance shall not become effective except in accordance with the provisions of § C4-10. All adopted ordinances shall be filed with the Town Clerk and kept as a public record in the form of a suitably indexed volume or volumes of ordinances.
The Town shall have the power to incur indebtedness by issuing its bonds and notes as provided by Connecticut General Statutes subject to the limitations thereof and the provisions of this Charter. The issuance of bonds and notes shall be authorized by resolution of the Council, adopted in the same manner as provided in § C4-6 of this Charter insofar as § C4-6 relates to public hearings.
No resolution or ordinance authorizing the issuance of bonds
or notes, other than notes in anticipation of taxes and other than
notes in the amount of $300,000 or less, and no resolution or ordinance
authorizing a lease purchase agreement for personal property with
total deferred consideration or payments, including principal and
interest, which becomes due after the current fiscal year in the amount
of $300,000 or more, and no resolution or ordinance making an appropriation
which, in addition to those contained in the annual budget, exceeds
$300,000 or more, shall become effective until the same has been approved
by a majority of the qualified electors or voters voting thereon at
a regular election or special election called by the Council for that
purpose. However, a referendum shall not be mandatory when such bond
or note authorization, lease purchase agreement or such additional
appropriation shall be for an emergency purpose to protect the public
peace, health and safety, or shall be to finance a street, sewer or
other improvement to be paid for by a special assessment and not by
general taxation.
An emergency ordinance, including an emergency appropriation,
shall be only for the immediate preservation of the public peace,
health and safety, shall contain an explicit statement of the nature
of the emergency; shall be adopted by not less than six affirmative
votes in the Council; and shall take effect immediately. Every such
emergency ordinance, including any amendment thereto, shall automatically
stand repealed at the termination of the 61st day following the passage
of said ordinance unless sooner repealed. In no event shall the annual
budget constitute an emergency appropriation.
Electors or voters shall have the right to petition for a referendum
in accordance with the provisions of Section 7-9 of the Connecticut
General Statutes on any ordinance or additional appropriation passed
by the Council, except an emergency ordinance. A referendum must be
held when there shall be filed with the Town Clerk, within 30 days
of the published notice of the passage of the ordinance or additional
appropriation, a petition signed by qualified electors or voters in
number equal to 5% or more of the total number of electors or voters
of the Town, which petition shall be filed with the Town Clerk, who
shall, within 10 days, determine whether or not the petition contains
sufficient number of valid signatures, and if it does, so shall certify
to the Council. The ordinance or additional appropriation shall not
then take effect until the Council has submitted it to a referendum,
which shall be held not less than 30 days nor more than 60 days after
the filing of the petition. The ordinance or additional appropriation
shall be null and void in the event that a majority of the electors
or voters voting thereon, such majority consisting of at least 10%
of the qualified electors or voters of the Town, shall vote in the
negative. Otherwise, it shall take effect immediately following the
referendum.
The electors or voters shall have the power to propose to the
Council any ordinance, except an ordinance appointing or removing
officials specifying the compensation or hours of work of officials
and employees, adopting the annual budget, authorizing the levy of
taxes, or fixing the tax rate. The Ordinance shall be proposed by
a petition to the Council, in accordance with and subject to the provisions
of Section 7-9 of the Connecticut General Statutes, setting forth
the proposed ordinance and requesting its adoption, which petition
shall be signed by qualified electors or voters of the Town, in number
equal to 5% or more of the total number of qualified electors or voters
of the Town. The petition shall be filed with the Town Clerk who shall,
within 10 days, determine whether or not the petition contains the
required number of valid signatures and if it does, the Town Clerk
shall so certify to the Council at its next regular meeting. The Council
shall, within 60 days after certification, either adopt the proposed
ordinance after a public hearing or submit the same to the electors
or voters at the special election to be held within 90 days from the
date of the Town Clerk's certification, provided that if a general
election or a Town election is to occur within four months of such
certification, the ordinance may be submitted at such election. The
ordinance shall be adopted if a majority of those voting vote in the
affirmative and such majority consist of 10% or more of the total
number of qualified electors or voters of the Town. No ordinance which
shall have been adopted in accordance with the provisions of this
section shall be repealed or amended by the Council except by vote
of the electors or voters.
A.
The Council shall have the power by six affirmative votes of its
membership, by resolution, in its sole discretion, with or without
cause, to remove or suspend the Town Manager, and shall have the power
by majority of the full membership in its sole discretion and for
whatever cause it shall deem sufficient to remove or suspend by resolution
any person appointed by the Council to any other office or position.
B.
The Council shall act first by suspending such person and shall promptly
serve that person with a copy of the resolution of suspension together
with the reasons if any. If within 10 days after the serving of said
resolution such person shall file a request, in writing, with the
Town Clerk for a public hearing before the Council, the hearing requested
shall be held at a time and place set by the Council, not less than
five days nor more than 15 days after the filing of the request. At
such hearing the person may be represented by counsel. If no hearing
is requested, or at the conclusion of the hearing, the Council shall
promptly, by resolution, terminate the suspension and either restore
the person to, or remove the person from, their office or employment.
Compensation, if any, shall be continued during the period of the
suspension or for 30 days from the date of suspension, whichever is
longer. There shall be no appeal from the decision of the Council.
C.
The Council may adopt rules of procedure which may provide that hearings
can be held by one or more hearing officers to be selected from the
membership of the Council or, in the alternative, the Council may
appoint a special hearing officer. The hearing officer(s) shall then
report a recommended finding of facts to the Council and the Council
then shall approve or disapprove the report or any portion thereof
and, on the basis of the facts so determined, render its decision
on the issues presented.
The Council shall have the power to investigate any and all
Town commissions, boards, departments and offices. The Mayor, deputy
mayor, the chairman of any committee of the Council, upon authorization
by the Council, shall have the power, for the purpose of such investigation,
to issue subpoenas, and at their request, any judge may issue a capias
for the appearance of witnesses and the production of documents.
The members of the Council shall serve without compensation,
but shall be entitled to reimbursement for their actual expenses incurred
in the performance of their official duties.
During the term for which elected, no member of the Council
shall hold any employment or elective or appointive office in or under
the Town government except the office of Justice of the Peace.
The Council may take, purchase, hold, lease, sell or convey
by resolution any real property owned by the Town or in which the
Town has an interest or desires to purchase when the consideration
received or paid is less than $100,000. The Council shall take, purchase,
hold, lease, sell or convey by ordinance any real property owned by
the Town or in which the Town has an interest or desires to purchase
when the consideration received or paid is $100,000 or more. If the
Council is planning to sell, lease or convey real property, where
the consideration is over $10,000, the Council shall invite sealed
bids or proposals, giving 10 days' public notice thereof by at
least one publication in a newspaper having a circulation in the Town
and shall let the contract to the best qualified bidder thereon in
the opinion of the Council and which is in the best interests of the
Town of Rocky Hill or shall reject all such bids or proposals. All
such sealed bids or proposals shall be opened publicly. Records of
all such sealed bids or proposals and of the successful bidder shall
be kept in the office of the Purchasing Agent, where they shall be
open to public inspection.
